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Dave Kennett
Dave Kennett, Lawyer
Category: Real Estate Law
Satisfied Customers: 27689
Experience:  25 years experience
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Reside in OH: Years ago had an apartment with a friend and

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Reside in OH:
Years ago had an apartment with a friend and his girlfriend. They both combined couldn't cover their share of rent and got a cheaper apartment. I couldn't afford the place by myself (nor qualified for) so had the couple sign out of lease at the same time new room mate signed lease (month four of the 12 month lease). In the 11th month of my lease we were told our lease was invalid due to an error with getting old roommates off lease and new roommate on the lease. I was only person on lease and didn't qualify. We were given 7 days to vacate premises or we were to be evicted. Had everything packed up and out in five days. I now find myself with an eviction for a lease that was invalid on my credit and not sure if I have any way to dispute/challenge it since I never received any type of legal notice for it (court appearance).
Dear JACUSTOMER - I am going to assume that there was never a lawsuit for an eviction or any judgment from a court. If that is the case then what you may want to do is file a dispute with the credit bureau as to the eviction. If there are no court records and this was many years ago it is possible that the landlord would have nothing in order to verify the eviction and the credit bureau may remove the listing. There has to be something that shows you were evicted other than just a letter or a phone call with no substantiation but unless you file a dispute with the credit bureau they will continue to report it for many years. If there was a lawsuit filed and there was a judgment for eviction then you are going to have a much more difficult task getting this off the record but you need to file the dispute to have any chance at success. All of the details about the other tenants not paying etc. are irrelevant at this point since there is no court case open or active where that evidence might be useful. If you were on the lease and there was an eviction then it would apply to you regardless of what the co-tenants may have done. You can easily check the local court records to see if there was ever a judgment of eviction filed against you at the time you moved.
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Customer: replied 4 years ago.
The tenants had nothing to do with it being invalid (they wanted a new cheaper place and a mutual friend was looking for a place so he signed on the lease and they signed off) apartment complex from claiming the lease was invalid due to a paperwork error when the room mates were switched with me being the constant on the lease. The paperwork error went unnoticed for 7 months before we were informed.
I understand. What I'm saying is that this appears to be a problem with the credit bureau and not a legal court case. The credit bureaus are independent companies who report information that is supplied to them by creditors and other sources. So unless the information is disputed in writing the credit bureau will continue to report what they have. If this were a lawsuit then you could use the validity of the lease as a possible defense to a suit for money or eviction but since there does not seem to be a court case involved and due to the amount of time that has passed the only thing you can do is to try to get this off of the credit report. In order to do that you have to first file a written dispute of the posting on the report. The credit bureau will then try to verify the eviction and if there is no record of the eviction you may have the problem solved. The facts surrounding the move out are essentially irrelevant unless there is a court case for eviction that is being defended. Based on your facts it would appear there was never a court case and therefore nothing to contest as to the validity of the lease.